Natural Justice - 1930- 1959
Natural Justice. In general, those cases concerned with the fundamental fairness of procedures adopted for judicial, and other disciplinary and regulatory decisions. See also Human Rights, administrative law, judicial review.
These cases are extracted from a very large database. The entries on that database are now being published individually to the main swarb.co.uk website in a much improved form. As cases are published here, the entry here will be replaced by a link to the same case in that improved form on swarb.co.uk. In addition the swarb.co.uk site includes very substantial numbers of cases after 2000. Please take the time to look.
This page lists 6 cases, and was prepared on 21 October 2013. These case are being transferred one by one to the main swarb.co.uk site which presents them better, with links to full text where we have it, and much improved cross referencing.
|Cooper -v- Wilson  KB 309|
||Natural Justice, Police
|Police officers can be removed from office only by a valid exercise of the statutory power of dismissal.|
|Lee -v- Showmen's Guild of Great Britain  2 QB 329;  1 All ER 1175|
CADenning LJ, Somervell LJ, Romer LJ
|Natural Justice, Company, Contract
|Decisions of inferior tribunals, including arbitrators, were reviewable on the basis of general error of law on record for which certiorari might issue. A decision may be reviewable where there was no evidence supporting particular conclusions.
Denning LJ said: "The jurisdiction of a domestic tribunal, such as the committee of the Showmen's Guild, must be founded on a contract, express or implied. Outside the regular courts of this country, no set of men can sit in judgment on their fellows except so far as Parliament authorises it or the parties agree to it." and
"I see no reason why the powers of the court to intervene should be any less in the case of domestic tribunals. In each case it is a question of interpretation. In one of a statute, in the other of the rules, to see whether the Tribunal has observed the law. In the case of statutory tribunals, the injured party has a remedy by certiorari, and also a remedy by declaration and injunction. The remedy by certiorari does not lie to a domestic tribunal but the remedy by declaration and injunction does lie; and it can be as effective as, if not more effective than certiorari. It is, indeed, more effective, because it is not subject to the limitation that the error must appear on the face of the record." and
"The committee cannot extend their jurisdiction by giving a wrong construction to the contract, . . no matter how honest they may be. They have only such jurisdiction as the contract on its true interpretation confers on them, not what they think it confers. The scope of their jurisdiction is a matter of the courts." and
People have a right, unless expressly or impliedly debarred, to insist for free access to the courts of general jurisdiction of the state: "If parties should seek, by agreement, to take the law out of the hands of the courts and put it into the hands of a private tribunal, without any recourse at all to the courts in case of error of law, then the agreement is to that extent contrary to public policy and void."
Romer LJ said: "The proper tribunals for the determination of legal disputes in this country are the courts, and they are the only tribunals which, by training and experience, and assisted by properly qualified advocates, are fitted for the task"
|Byrne -v- Kinematograph Renters Society Ltd  1 WLR 762|
|The court formulated the principles of natural justice: "What then are the requirements of natural justice? First, I think that the person accused should know the nature of the accusation made; secondly, that he should be given an opportunity to state his case; and thirdly, of course, the tribunal should act in good faith. I do not myself think that there is really anything more."|